The opinion in support of the decision being entered today was not written for publication
and is not binding precedent of the Board.
Paper No. 51
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________
Ex parte JERALD C. SADOFF, STEVEN M. OPAL,
ALAN S. CROSS, and MARK W. BODMER
____________
Appeal No. 1997-4275
Application No. 08/253,217
____________
ON BRIEF
____________
Before WINTERS, ROBINSON, and MILLS, Administrative Patent Judges.
ROBINSON, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on the appeal under 35 U.S.C. § 134 from the examiner's final
rejection of claims 1 - 9 and 13 - 16, which are all of the claims pending in the application.
Claims 1 and 13 are illustrative of the subject matter on appeal and read as follows:
1. A pharmaceutical composition comprising an antibody to tumor necrosis
factor (anti-TNF) and an antibody to bacterial lipopolysaccharide (anti-LPS) as a
combined preparation for simultaneous mixed, simultaneous separate or sequential use in
the therapy of sepsis.
13. A method for the treatment of sepsis in a human or animal subject, the
method comprising administering to said subject an effective amount of the combination of
an anti-TNF antibody in conjunction with an anti-LPS antibody.
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